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Originally Posted by Edward64
Unfortunate, but not going to disagree that the legal process should be followed. Trump will no doubt continue to challenge/interpret law and chip away especially at the edges, so judicial checks is a good thing (especially since Dems seem hopeless right now).
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We'll see what happens in a couple weeks or so, if not sooner.
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I guess it's happening "sooner". I don't know all the legalese and it'll probably end up with SCOTUS to make a final determination.
From what I've read, it seems Trump/DoJ are arguing ...
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Boasberg verbally ordered the planes be turned around, but they apparently were not and he did not include the directive in his written order.
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I think this is a reasonable counter. In my work, if I'm given a request/direction/order to do something that I believe has risk of coming back at me negatively, I would request it in a written email.
This is definitely a CYA as people don't remember the same words etc. which provides plausible deniability. If the Judge told me to do this, I would have asked for a written order explicitly stating his instructions.
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... the Trump administration’s argument that the deportations under the Alien Enemies Act were not subject to judicial order after the flights left U.S. airspace.
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Yeah, this one is pretty weak IMO.
If I was Trump, I would have redirected the plane to Guantanamo. There would still be a fight, but that one has more "grey/leeway" than "not subject to judicial order after leaving US airspace".